Case No. IP-2021-000046

”). I can see from the photographs in evidence that it was proposed in a quotation from TMB dated 1 April 2014 that each machine would be prominently branded with C’s ICE Logo in red, however, the information sticker giving details of the serial codes, model number etc show the manufacturer TMB’s name, address and logo. The Defendants submit that there is no evidence before me of the physical appearance and branding of the machines actually delivered to C, but I accept Mr Bresnihan’s evidence in cross-examination that the DRYVER machines as delivered were branded with C’s ICE Logo in red. Mr Bresnihan was unshaken in cross-examination that this was the first example of own-product branding that C had undertaken.xii)C says it placed its first order of DRYVER machines in March 2014, offered them to the public from at least June 2014 and sold them from July 2014 to 2017. I accept that evidence. It says that it delivered its first such machines to a customer (Sainsburys) in July 2014, and I am satisfied that, as Mr Bresnihan accepted in cross-examination, no DRYVER machines came into the UK before July 2014. Over the next 3 years the evidence suggests that C sold almost 1700 units, despite, as Mr Bresnihan accepts, the DRYVER machines not being promoted on C’s website.xiii)It was put to Mr Bresnihan in cross-examination that no-one would have known about the DRYVER machines in the market except those of C’s customers who bought them, which he initially agreed to. However, in answer to a question from the Court about whether C had ever shown them to customers who decided not to buy them, Mr Bresnihan said that C must have shown them to its “key customer demographic” to have sold them in some quantity as it did. I accept that evidence. xiv)From 2016, C took the decision to consolidate the look and feel of the branding of the ICE Machines and make the range more cohesive with how they were using the ICE brand elsewhere in the business. They changed manufacturer, and over the next years developed a range of machines which were cohesive in style, manufactured in a silver and black colourway, with C’s ICE Logo in blue prominent on each (“